On The Anti Monopoly Law Regulation Of Trade Association Restricting Competition Behavior

In recent years,industry associations to restrict competition in the case of frequent cases in the country,2016 Hubei Provincial Administration for Industry and Commerce Insurance Industry Association of Hubei Province has made administrative penalties,because the organization of the industry operators engaged in monopoly agreements,the case in the community Has aroused widespread concern.China's "anti-monopoly law" clearly put forward to restrict the competition behavior of industry associations to regulate,but did not carry out detailed norms,which is not conducive to the industry association to determine the behavior of accurate judgments and legal regulation.In order to better promote the healthy development of the market,to maintain the overall interests of society and the vital interests of consumers,we must regulate the industry associations to restrict competition.This paper is divided into four chapters:The first part discusses the basic theory of Industry Association,explains the trade association limit competition behavior form and harmfulness,the form of a collective boycott,price cartel,exchange of information and standardization certification and other forms of second order of free competition and the interests of consumers from the aspects of its harmfulness,the necessity of the regulation the discussion from the legal theory.The second part puts forward the insufficiency of restricting competition behavior in China's legal regulation industry association.Firstly,it is imperfect legislation,imperfect legislation system,imperfect standard of illegality determination and incomplete system of legal liability system.Moreover,law enforcement,law enforcement agencies are not coordinated,the development of private litigation system lag.The third part analyzes the regulation of competitive behavior in industry associations such as Japan,the United States,the European Union and other countries and regions,and analyzes the key points and characteristics of the regulation of the United States and Europe,which provides a way for the perfection of our country's law.The fourth part puts forward some suggestions from the aspects of legislation and law enforcement in view of the problems existing in the competition behavior of China's trade associations.First proposed to develop guidelines for the practice to provide specific operational rules,and then proposed to develop industry associations of illegal identification mechanism,followed by the improvement of China's legal system and the implementation of the relevant measures.